RAM KUMAR Vs. RAM CHANDER AND ANOTHER

JUDGEMENT

(1.) CIVIL Suit No. 174 of 1983 was brought by Ram Chander (respondent herein) before Additional Senior Sub Judge, Narnaul (hereinafter referred to as "the trial Court") to seek decree of perpetual injunction to restrain the defendants from interfering in his use and occupation of the 'Gair Mumkin' 'Chah' falling in Khewat No. 1 Khatoni No. 5, Square No. 9, Khasra No. 26 and Khewat No. 2 Khatoni No. 12 square No. 20 and Khasra No. 13/1 -1, as per jamabandi pertaining to the year 1982 -83 of village Bhushan Khurd (hereinafter referred to as "the suit land"). It was stated in the plaint that respondent was co -sharer to the extent of 1/3rd share in suit land alongwith Ram Kumar (the appellant herein) and Hari Singh, and they were using the same since long but the appellant and Hari Singh wanted to stop him from using the 'Chah' and that to succeed in their endeavour they had also damaged the main switch and the pumping set. Suit was contested by the defendants/appellants on the plea that the 'Chah' in question was joint Hindu Family Coparcenary property and that they had also installed their own pumping sets thereon since the life time of their fore -fathers and that respondents had neither used the 'Chah' in question nor had they any right to use the same. Some preliminary objections were raised with respect to cause of action and maintainability of the suit.

(2.) LEARNED trial Court formulated the following issues from the pleadings of the parties: - -

(3.) WHETHER the defendant No. 2 is exclusive owner in possession of the suit land, if so, to what effect? OPD